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White Collar
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August 15, 2024
Fake Prescription Caper Yields $10.2M Fine For Bankrupt Co.
A Manhattan federal judge hit a defunct unit of bankrupt biotechnology concern DMK Pharmaceuticals Corp. with a $10.2 million fine Thursday, after the subsidiary admitted to criminally faking horse-drug prescriptions in a scheme that generated $4.2 million.
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August 15, 2024
Prof Rips DOJ, VW's 9th Circ. Bid To Shield Jones Day Docs
A Loyola Marymount University professor has urged the Ninth Circuit to shut down the U.S. Department of Justice and Volkswagen AG's relentless "obfuscation" in a long-running dispute over access to confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal.
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August 15, 2024
NYC Real Estate Atty Charged With $200K Theft From Client
An embattled Harlem real estate attorney already facing one criminal case has been indicted on a separate felony larceny charge, with prosecutors claiming he stole $210,000 from a client in an apartment deal gone awry.
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August 15, 2024
White Collar Partner Duo Joins Duane Morris In NY
Duane Morris has hired two new trial partners in New York who've spent the last 15 years working together as white collar attorneys at Peckar & Abramson.
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August 15, 2024
Pa. Atty And Wife Apologize To Lawyer For Theft Allegations
A Pennsylvania attorney and his wife have apologized for accusing another attorney of stealing money from a business venture, saying in a court settlement record that they have no evidence that the lawyer committed the theft and that they retract their earlier statements.
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August 15, 2024
Ex-Mich. Speaker Says Poor Health Merits Early Release
The former speaker of Michigan's House of Representatives and ex-chair of a marijuana licensing board is asking to serve the rest of his prison sentence following a bribery conviction at home, saying he is eligible for early release due to his age and complications from a serious heart condition.
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August 15, 2024
Trump Seeks To Delay NY Sentencing Until After Election
Donald Trump asked to delay sentencing in his New York hush money case until after the 2024 presidential election, arguing he needs time to potentially appeal if he loses an attempt to erase the felony conviction on the basis of presidential immunity.
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August 15, 2024
Asphalt Co. To Pay $6.5M For Criminal Bid-Rigging Scheme
A Detroit-area asphalt paving company was sentenced Thursday to pay $6.5 million after it pled guilty to participating in a sprawling bid-rigging scheme in Michigan, with federal prosecutors alleging the company's leaders worked with competitors to drive up the price of paving contracts.
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August 15, 2024
Ga. Man Accused Of Trying To Steal $1.9M In COVID Funds
A Georgia man was indicted in a scheme to steal $1.9 million in pandemic relief money and accused of wire fraud, submitting fraudulent federal tax returns and stealing dozens of Social Security numbers, the U.S. Department of Justice announced Wednesday.
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August 14, 2024
Lin Wood Defends Social Posts In Long Day Of Testimony
Controversial ex-attorney Lin Wood was pushed on his claim that social media posts he made about three of his former law partners following the 2020 dissolution of his firm were an attempt at self-defense when he took the stand Wednesday in Georgia federal court.
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August 14, 2024
Girardi Kept 'Opening A Wound,' Tearful Ex-Client Tells Jury
A woman whose son was seriously injured in a car accident shed tears Wednesday while testifying in Tom Girardi's criminal trial, recalling her increasingly desperate attempts to get a final $1 million owed to her from a lawsuit settlement as the embattled attorney gave her varying excuses for why she wasn't getting the funds.
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August 14, 2024
Tuna Price-Fixing Deal Comes With A Catch: $26M In Fish
Two groups of buyers accusing major canned tuna producers of price-fixing have asked a California federal judge to give the first seal of approval to settlements totaling more than $168 million in cash, plus $26 million in packaged tuna products.
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August 14, 2024
Disbarred Atty Admits To Tax Evasion Over Mass Tort Fees
A disbarred attorney pled guilty to a single count of tax evasion Wednesday in Pennsylvania federal court stemming from allegations he didn't pay taxes on more than $100 million in legal fees he earned from representing 4,300 plaintiffs in a mass tort case, according to the U.S. Attorney's Office for the Middle District of Pennsylvania.
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August 14, 2024
DOJ Defends Boeing Plea Deal Over Families' Objections
The U.S. Department of Justice said Wednesday that Boeing's plea agreement is the best possible criminal resolution that holds the company accountable for defrauding regulators about the 737 Max 8's development, rejecting claims from crash victims' families that the "morally reprehensible" deal lets Boeing skirt culpability.
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August 14, 2024
Grassley Asks HHS For Clarity On Cannabis Position
Sen. Chuck Grassley has asked federal health officials to clarify their position on marijuana, arguing that a recent U.S. Department of Health and Human Services report is at odds with its recommendation to loosen restrictions on the drug.
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August 14, 2024
Nursing Co. Exec Can't Split Up Fraud, Wage-Fixing Charges
A Nevada federal magistrate judge has struck two blows against a home healthcare staffing executive facing criminal charges of fixing nurses' wages and hiding that probe when selling the business for $12.5 million, as the judge refused to break up the allegations and recommended against dismissing the fraud counts.
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August 14, 2024
Ex-Allied Wallet Execs Plead Guilty In $150M Fraud Scheme
Two former executives of payment processing company Allied Wallet have admitted to their roles in a $150 million bank fraud conspiracy that tricked financial institutions into allowing otherwise restricted merchants to access the card payment networks of Visa, Mastercard, American Express and Discover.
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August 14, 2024
Feds Say Madigan, Former Ally Should Face Jurors Together
Prosecutors told an Illinois federal judge on Tuesday that former Illinois House Speaker Michael Madigan and confidant Michael McClain should be tried together this fall, saying a joint proceeding is proper for alleged co-conspirators in a criminal enterprise and they should not be allowed to shift blame to one another at individual trials.
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August 14, 2024
Sen. Durbin Slams DOD's Revocation Of 9/11 Plea Deal
Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee and Senate majority whip, told U.S. Department of Defense Secretary Lloyd Austin on Wednesday he is "troubled" by the secretary's decision to revoke a plea deal for the accused masterminds of the Sept. 11, 2001, terrorist attacks.
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August 14, 2024
Army Analyst Cops To Selling Military Secrets To China
A U.S. Army soldier and intelligence analyst has pled guilty to charges that he sold classified American military secrets to China for $42,000.
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August 14, 2024
SC Justices Agree To Hear Murdaugh's Jury Tampering Claim
South Carolina's Supreme Court has agreed to hear disgraced lawyer Alex Murdaugh's appeal claiming a clerk of court tampered with the jury that convicted him of murder, invoking a rule that bypasses intermediate appeals when "significant public interest or a legal principle of major importance" hangs in the balance.
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August 14, 2024
Feds Nab US-Iran Citizen On Aircraft Parts Charges
A dual U.S.-Iranian citizen was charged in D.C. federal court with procuring American aircraft parts and attempting to send them to Iran in violation of U.S. sanctions, the U.S. Department of Justice said Wednesday.
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August 14, 2024
Rapper Gets Probation In Stolen Payment Card Scheme
A Chicago-area rap artist was sentenced to probation for his role in a nationwide wire fraud conspiracy that used payment card information stolen from the dark web to make purchases, including private jet flights and hotel stays.
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August 14, 2024
SEC Says Ga. Firm's Ponzi Scheme Fueled 'Lavish' Lifestyle
An Atlanta-area firm that promised investors lucrative returns on real estate deals was in reality running a "classic Ponzi scheme" by funneling portions of the $300 million it received into buying a yacht and a luxury condo for its founder, the U.S. Securities and Exchange Commission said Wednesday.
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August 14, 2024
NY Judge Rejects Trump's 'Stale' Recusal Bid A 3rd Time
The New York judge who presided over Donald Trump's hush money trial denied the former president's third attempt to remove him from the case ahead of sentencing, ruling that the motion was "nothing more than an attempt to air grievances."
Expert Analysis
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CFPB Reality Check: Video Game Cash Is Still Money
The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea
Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.
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PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Mid-2024 FCA Enforcement And Litigation Trends To Watch
Reviewing notable False Claims Act trends and enforcement efforts in the last year and a half reveals that healthcare is a key enforcement priority for the U.S. Department of Justice, and the road ahead may bring clarification on Anti-Kickback Statute causation and willfulness standards, along with increased focus on private equity, cybersecurity and self-disclosure, say attorneys at Epstein Becker.
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End Of Acquitted Conduct Sentencing Can Spark More Reform
The U.S. Sentencing Commission’s recent end to factoring acquitted conduct into federal sentences could signal the start of a more constitutionally sound advisory scheme, but Congress and the Supreme Court must first authorize the commission to resolve two constitutional errors baked into its guidelines, say Mark Allenbaugh at SentencingStats.com and Alan Ellis at the Law Offices of Alan Ellis.
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Setting Goals For Kicking Corruption Off FIFA World Cup Field
The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and Emily Ahdieh at Morgan Lewis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Don't Fall On That Hill: Keys To Testifying Before Congress
Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Unpacking The Bill To Extend TCJA's Biz-Friendly Tax Breaks
Attorneys at Skadden examine how a bipartisan bill currently being considered by the U.S. Senate to save the Tax Cuts and Jobs Act's tax breaks for research and development costs, and other expiring business-friendly provisions, would affect taxpayers.